Under which Article of the Constitution of India, Fundamental Rights have been provided to citizens?
Correct Answer:
(B)
Articles 12 to 35
Part III (Art.12-35) of the Constitution enumerates 6 Fundamental Rights which are provided to citizens.
Ques:
122
Consider the following statements about the Fundamental Rights in India:
1. They are a guarantee against state action
2. They are enumerated in Part III of the Constitution
3. They ensure social, economic and political justice.
4. They are unlike Bill of Rights in the U.S.A.
Now, select the correct answer from the code given below:
Code :
Correct Answer:
(C)
1, 2 and 3 are correct
The fundamental rights are guaranteed by the Constitution of India against state action. These rights have been enumerated in part III of the Constitution. Thus statement 1 and 2 are correct. The socio economics Justice as visualized by the Indian constitution is found mostly in the Directive Principles of state policy part IV of the constitution of India and to a little extent in the chapter on fundamental Rights and certain other provisions of the constitution. These rights are like the Bill of Rights in U.S.A. Thus option (c) is the correct answer.
Ques:
123
Which one of the following Articles of the Indian Constitution puts an absolute limitation on the legislative power:
Correct Answer:
(A)
Article 14
Under Article 14 of the Constitution of India, Equality before the law has been incorporated. Under Article 14, the state shall not deny any person equality before the law or the equal protection of laws within the territory of India on the grounds of religion, race, caste, sex or place of birth. Article 14 put a limitation on the legislative power.
Ques:
124
In which article of the constitution 'Equal Protection of Law' is provided?
Correct Answer:
(C)
Article 14
Article 14 says that the state shall not deny to any person equality before the law' or 'the equal protection of the laws' within the territory of India. It confers rights on all persons, whether citizens or foreigners. The concept of Equal Protection of law is taken from the American constitution. It suggests
(a) The equality of treatment under equal circumstances, both in the privileges conferred & liabilities imposed by the laws.
(b) The similar application of the same laws to all persons who are similarly situated and
(c) The like should be treated alike without any discrimination.
Ques:
125
A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of application of law violates which one of the following Articles of the Constitution of India?
Correct Answer:
(A)
Article 14
The court exercises control over delegation of discretionary powers to the administration by adjudicating upon the constitutionality of the law under which such powers are delegated with reference to the fundamental rights enunciated in Part III of the Indian Constitution. Therefore, if the law confers vague and wide discretionary power on any administrative authority, it may be declared ultra vires Article 14, Article 19 and other provisions of the Constitution. Article 14 of the Constitution guarantees equality before law but the courts have permitted reasonable classification to be made. Where the law is valid under the article, a discriminatory action would still be violative of the equality clause. Hence, option (a) is correct.
Ques:
126
The Right to Equality is given by-
(1) Article 13
(2) Article 14
(3) Article 15
(4) Article 16
Use the code given below to choose the correct answer-
Code :
Correct Answer:
(C)
2,3 and 4
The right to equality has been incorporated in Part III of the Indian Constitution under Article 14 to 18. Article 14 deals with Right to Equality, Article 15 deals with Prohibition of Discrimination on ground of Religion, Race, Caste, Sex or place of Birth, Article 16 deals with equality of opportunity in the matter of Public employment, Article 17 deals with Abolition of Untouchability and Article 18 deals with Abolition of Title. Therefore Article 14, 15 and 16 provides Right to Equality. Thus option (c) is correct.
Ques:
127
Under which article of the Constitution reservations in admission to educational institutions, including private and unaided, to OBCs/ST/SC is made?
Correct Answer:
(B)
Article 15(5)
Article 15 is related to the prohibition of discrimination on the ground of religion, race, caste, sex, or place of birth. Clause 5 to this Article empowers the State to make such special provisions relating to reservation in admission for Scheduled Castes or Scheduled Tribes in educational institutions which include private educational institutions, whether aided or unaided by the State other than the minority educational institutions referred to in clause (1) of Article 30. 93rd Amendment Act, 2005 enabled the provision of reservation (27%) for other backward classes in Government as well as in private educational institutions.
Fundamental Rights
Ques:
128
Which one of the following pairs is not correctly matched?
Correct Answer:
(D)
Right of minorities to establish and administer educational institutions - Article 31
The right of minorities to establish and administer educational institutions is provided under Article 30, while Article 31 was for compulsory acquisition of property which has been repealed by 44th Amendment Act, 1978 and now right to property is a legal right under Article 300-A in part XII of the constitution.
Ques:
129
Under which of the following Articles of the Indian Constitution, all minorities have the right to establish and administer educational institutions of their choice?
Correct Answer:
(C)
Article 30
The right of minorities to establish and administer educational institutions is provided under Article 30, while Article 31 was for compulsory acquisition of property which has been repealed by 44th Amendment Act, 1978 and now right to property is a legal right under Article 300-A in part XII of the constitution.
Ques:
130
Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice?
Correct Answer:
(B)
Article 21
Article 21 of the Indian Constitution ensures the right to life, which includes the right to marry a person of one’s choice. This right can only be restricted by a law that is substantively and procedurally fair, just, and reasonable. The article clearly states: “No person shall be deprived of his life or personal liberty except according to procedure established by law.”
In the Lata Singh v. State of Uttar Pradesh case, the Supreme Court recognized the right to marry as an integral part of the right to life under Article 21.
Article 19 guarantees fundamental freedoms, including the right to freedom of speech and expression, among others.
Article 25 provides every individual the freedom of conscience and the right to freely profess, practice, and propagate their religion, subject to considerations of public order, morality, and health.
Article 29 offers protection to cultural and educational rights, safeguarding the interests of both religious and linguistic minorities.